Mental Health Act 2015
137Return to correctional centre or detention place unless
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137 Return to correctional centre or detention place unless direction to remain (1) A correctional patient must, within 7 days after the day the patient is transferred to an approved mental health facility under a transfer direction, be returned or transferred— (a) if the patient is a detainee—to a correctional centre; or (b) if the patient is a young detainee—to a detention place. (2) However, the chief psychiatrist may direct that a correctional patient remain at an approved mental health facility for longer than 7 days if the chief psychiatrist is satisfied that— (a) the person has a mental illness for which treatment, care or support is available in the approved mental health facility; and (b) other care of an appropriate kind would not be reasonably available to the person in the correctional centre or detention place. (3) The chief psychiatrist may direct that a correctional patient be returned or transferred to the correctional centre or detention place at any time if the chief psychiatrist is satisfied that— (a) the person no longer has a mental illness for which treatment, care or support is available in an approved mental health facility; or (b) other care of an appropriate kind would be reasonably available to the person in a correctional centre or detention place. Note The corrections director-general and the CYP director-general may give a direction for removal and return of the person at any time (see Corrections Management Act 2007, s 54 and Children and Young People Act 2008, s 109).
Transfer of correctional patients Part 8.2